Are the Congress’s powers to regulate commerce under the “commerce clause” of the Constitution (“To regulate commerce with foreign nations, and among the several states, and with the Indian tribes”) unlimited? I recognize that the prevailing interpretation of the power has been construed extremely broadly for the last 75 years. However, that doesn’t necessarily mean the Congress’s powers to regulate commerce are unlimited.
By any sane meaning of the words, the commerce power is limited. By the current standard of Supreme Court decisions, Comgress has no limitations on its power. Even non-commercial non-transactions all of whose activities are in one state have been held to be subject to commerce clause regulation.
Yes. It’s merely a categorical restriction. There are no limitations to Congress’ power to regulate interstate commerce within the Commerce Clause. There may be limitations elswhere in the Constitution.
Yes.
And let me add it extends beyond commerce. The commerce clause is pretty much the underlying principle for most of what the government does. Given that there is no limit on the commerce clause, there isn’t much limit to what the government cannot do. So long as your actions could impact commerce, it falls under the perview of that clause.
Want to cut yourself all and go live out in nature? Well, you’ve just impacted commerce. You’ve taken your “demand” out of the picture which, no matter how small, has an impact so they can still pass laws regarding what you do.
HTH, HAND
Except Steve, there have been recent laws that the Court found did not regulate interstate commerce. One involved possession of a gun in schools and the other involved rape, both of which were deemed to be non-commercial activities outside the category of “interstate comerce.”
You’re so cynical some times.
“You’re so cynical some times.”
Watching government in action can do that to you…….
Of course they do. If you rape someone then you take them out of the economy for a short period of time. Further, they consume resources that they otherwise would not.
Samething with handguns at schools. Now school administrators have to allocate resources for finding them and keeping them out. Thus an impact on interstate trade.
It isn’t my fault that the 9 don’t see things so clearly sometimes.
Or to put it differently, as I just demonstrated you can pretty much read anything into the Commerce Clause…or not. Depends on how you feel when you wake up that day. The Constitution is no more meaningful than the roll of Charmin I have in my bathroom.